Professional Documents
Culture Documents
Complaints Management Procedure
Complaints Management Procedure
procedure
Security classification: PUBLIC
Reference number:
DSITI:PRO:002P
Policy owner:
Contact officer:
07 3719 7986
integrityservices@dsiti.qld.gov.au
Version
Effective Date
Approved by
2.2
18 February 2016
October 2017
Table of Contents
1
Procedure .............................................................................................................................. 2
3.1
3.2
3.3
3.4
4.2
Accountability ............................................................................................................... 6
Responsibilities ...................................................................................................................... 7
Definitions .............................................................................................................................. 8
References .......................................................................................................................... 10
Licence ................................................................................................................................ 11
Associated policy
This procedure should be read in conjunction with the Customer complaints management policy.
Consult the definitions (refer to section 6 Definitions) for key terms such as customer complaint.
The Department of Science, Information Technology and Innovation (DSITI) will manage complaints
in line with the Customer complaints management policy guiding principles derived from the
Australian Standard AS ISO 10002-2006 Customer satisfaction Guidelines for complaints
handling in organizations. The principles provide the basis to ensure DSITI manages complaints in
a responsive, efficient, effective, fair, and economical way.
Procedure
This procedure is designed to support business areas to manage customer complaints about the
service or actions of DSITI or its employees and is based on a staged approach (refer to Figure 1).
Complaint
received
Complaint
assessed
Complaint
investigated
Complaint
finalised
This procedure does not apply to customer complaints that are managed by other mechanisms
such as service level agreements.
Where a complaint involves, or may involve, corrupt conduct by the Director-General, consult the
Policy on complaints involving the Director-General for further details.
3.1
Complaint received
A complaint may be received by DSITI from internal or external sources (e.g. the public, customers,
clients, and departmental employees) and may be received in person, via email, fax, online, over
the phone, or mail.
If a complainant does not specifically state they wish to lodge a formal complaint with DSITI, clarify
the complainants concerns/issues before proceeding further.
Complainants are encouraged to provide a reasonable level of information to DSITI when making a
complaint, to facilitate the timely assessment and conclusion of the matter. Details of the complaint
can be captured in the Complaint form (refer to Attachment 1). Alternatively, complaint details can
be entered directly into a local version of an electronic complaints register (refer to Attachment 2).
When collecting personal information, the complainant must be provided with the following privacy
notice:
The department is collecting your personal information for the purpose of assessing and
resolving your complaint. Your personal information will be disclosed within the
department only as necessary for the management of your complaint. Your personal
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details will not be disclosed to any other third party or used for any other purpose
without your consent, unless authorised or required by law.
Reasonable assistance is to be provided to complainants such as providing an interpreter if the
complainant is unable to speak or write English, or is hearing or visually impaired. The costs for
arranging reasonable assistance will be met by the business area to which the complaint relates. No
complainant will incur a fee when accessing DSITIs complaints handling process.
The department will manage complaints in a timely manner and as specified in the Customer
complaint levels table in Attachment 3. From time to time, complaints may require extended
timeframes. Under these circumstances the complainant should be advised and provided with
progress reports as required.
If you are unsure of any aspect of the complaints handling process, please contact your divisional
complaints coordinator listed in Attachment 4.
3.2
Complaint assessed
When a complaint is confirmed, assess its applicability and consider if it is covered. The Complaint
management contacts flowchart in Attachment 5 provides guidance on where to refer complaints.
To establish the customer complaint level (refer to Attachment 3), consider the following:
whether the resources required to investigate the matter would be disproportionate to the
complaints significance and likely outcome
what remedies are available and whether investigation could lead to improvements in agency
processes.
Customer complaints may be addressed at one of three levels. Level 1 complaints are to be
actioned by departmental employees or local managers. Level 2 complaints are to be actioned by
the divisional complaints coordinators in consultation with the business area head or delegate.
Level 3 complaints are to be actioned by Legal, Information and Integrity.
Level 1, 2 and 3 customer complaints should be acknowledged within five business days.
Departmental employees are responsible for advising the complainant of:
the name and phone number to contact while the complaint is being assessed
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The department has a zero tolerance towards complaints which are impractical, frivolous or made
vexatiously.
3.3
All customer complaints received will require some form of action to be taken. This may range from
checking departmental records for a level 1 complaint through to a formal investigation for a level 3
complaint.
In more complex cases, investigating officers should:
ensure they act within their power and understand their role and responsibilities
give people an opportunity to comment on any adverse information before deciding whether to
act on it
formulate recommendations
prepare a report clearly summarising the matter and results of the investigation, setting out
findings and recommendations.
The level of investigation should be consistent with the seriousness and impact of the customer
complaint.
The investigation process must be conducted fairly and objectively. Decisions should be made
based on the required standard of proof, i.e. on the balance of probabilities.
Confidentiality should be respected and maintained at all times within the constraints of the need to
investigate a customer complaint. This will be subject to any legal authorisation or requirements for
disclosure and consistent with the principles of natural justice.
Natural justice is a key element throughout the customer complaints management process and has
three main components:
1. The hearing rule a decision-maker must receive and consider an affected persons reply
before a decision is made.
2. The bias rule the decision-maker must act in an impartial and unbiased manner.
3. The evidence rule the decision-maker must have reasonable grounds or evidence upon
which the decision can be supported.
When a customer complaint is substantiated, the remedies offered must be fair to both the
complainant and the department. The remedy sought by the complainant is to be considered as the
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first option and informal resolution and compromise are to be attempted wherever possible.
Remedies should aim to restore the complainant to the position they would have been in had the
customer complaint not been necessary. Similar remedies are to be offered to other customer
complaints of a comparable nature.
Remedies may include:
an apology
an explanation of how and why the problem occurred and what steps have been taken to avoid
it recurring
technical assistance.
When a customer complaint is unsubstantiated, where possible, the complainant should be advised
verbally prior to written advice being sent.
Written advice should be signed by an appropriately delegated officer and sent to the complainant
as formal advice of their customer complaint outcome.
3.4
the outcome of their customer complaint including adequate and well-articulated reasons for the
outcome
any remedial action to be taken following the consideration of their customer complaint
Level 1 and 2 complaints should be assessed and the complainant notified of the outcome in writing
within a maximum of 30 business days.
The timeframe to assess and action level 3 complaints should be determined on a case by case
basis.
Once the complainant has been notified of assessment or investigation outcomes, departmental
employees must record details directly into the electronic complaints register (refer to
Attachment 2).
Should a complainant be dissatisfied with how their customer complaint has been dealt with, they
can request their complaint be reviewed by DSITI. Internal reviews involve independent
departmental employees reviewing the process used to consider the customer complaint and/or the
merits of any decision or action taken. The review is to be undertaken by a departmental employee
who is independent of and no less senior than the original decision maker. Reviewing officers have
the authority to change prior decisions. If a complainant is dissatisfied with the internal complaints
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resolution process they may be referred to an external complaints-handling agency such as the
Queensland Ombudsman or the Office of the Information Commissioner.
4.1
Continual improvement
Business improvement opportunities resulting from the customer complaints handling process are to
be forwarded to the appropriate business area/division for action. Divisional complaints coordinators
will complete the Business improvement opportunity template in Attachment 6 and follow up directly
with the relevant business area/division to ensure implementation.
Business improvement opportunities relating to compliance with the Information Privacy Act 2009
must be made in consultation with the Principal Right to Information and Privacy Officer in Legal,
Information and Integrity on 07 3719 7989 or privacy@dsiti.qld.gov.au.
All departmental employees must make and keep public records in accordance with the Public
Records Act 2002 which contain all contact such as file notes, emails, meeting minutes, interviews,
etc. stored securely. The customer complaints file must also contain evidence of the methodology
used to consider the complaint along with explanations for actions taken.
Customer complaint files will be made available for internal/external review (subject to the
Information Privacy Act 2009 and the Right to Information Act 2009).
The Customer complaints management policy, this procedure, and their application, will be
reviewed annually to ensure they remain effective and appropriate tools for use by DSITI.
The department will ensure appropriate technological and other resources will be made available to
ensure the continual improvement of the customer complaints management system.
All departmental employees will be made aware of the suite of customer complaints management
documentation and their location on the departments intranet and internet sites.
The divisional complaints coordinators in Attachment 4 will receive information and training on the
DSITI customer complaints management approach.
4.2
Accountability
Information from the electronic complaints register will be reported quarterly. Level 2 and privacy
complaints will be reported to the Quarterly Corporate Governance Forum, and level 3 complaints to
the Board of Management. Attachment 7 contains the suggested quarterly complaints management
reporting template.
Ad hoc information on complaints will also be provided to the Board of Management.
Information on customer complaints will be published on the departments website by 30 September
each year, for the previous financial year, in compliance with Section 219A of the Public Service Act
2008.
Information relating to any disciplinary action taken and any proceedings brought for an offence
under the Information Privacy Act 2009 will be reported annually to the Minister responsible for
administering that Act.
DSITI will advise the Victim Service Coordinator of the outcome of complaints made by victims of
crime for entering into the Victim Assist Queensland complaints register.
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Responsibilities
Position
Responsibilities
Board of
Management/Corporate
Governance Forum
and Integrity.
complaints coordinator.
management report.
Divisional complaints
coordinator
Managers and
departmental employees
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Definitions
Term
Definition
Complaint
Corrupt conduct
Customer
complaint
(a) A complaint about the service or action of a department, or its staff, by a person
who is apparently directly affected by the service or action; and
(b) includes, for example, a complaint about any of the following
i.
a decision made, or a failure to make a decision, by a public service
employee of the department;
ii.
an act, or failure to act, of the department;
iii.
the formulation of a proposal or intention by the department;
iv.
the making of a recommendation by the department;
v.
the customer service provided by a public service employee of the
department. (Source: Section 219A of the Public Service Act 2008).
Departmental
employees
All officers and employees of DSITI whether their employment status is permanent,
temporary, contract, casual, volunteer and/or on secondment from another department
and contractors.
Divisional heads
Electronic
complaints
register
Frivolous
Page 8 of 18
Term
Definition
Fundamental
principles of
justice
Impractical
For the department, means that it would not be practical to investigate a complaint.
(Source: The Macquarie Dictionary).
Natural justice
It is important that staff members who are the subject of a complaint are afforded
natural justice. Natural justice requires decision-makers to be impartial and to act fairly.
The obligation to accord natural justice is one of the fundamental underpinnings of
government decision making. Natural justice is the right to be given a fair hearing, to
present ones case and to have a decision made by an unbiased decision maker. It
consists of the hearing rule and the bias rule. The hearing rule provides that there is a
common law duty to act fairly in the making of administrative decisions which affect
rights, interests and legitimate expectations. The bias rule requires that a particular
decision-maker should not make a decision where the circumstances would lead to
reasonable doubt about their impartiality. You accord natural justice by ensuring that
you give the person an administrative hearing, which is most often accomplished by an
exchange of letters between the decision-maker and the person. The administrative
hearing must happen before the decision is made or a settled view is formed. The
person must be given a reasonable opportunity to respond, based on the complexity of
the material and the urgency of the decision. When considering the material and the
response, the decision maker must be impartial and give the submission genuine
consideration. (Source: www.oic.qld.gov.au).
Personal
information
Privacy complaint A complaint by an individual about an act or practice of the department in relation to the
individuals personal information that is a breach of the departments obligation under
the Information Privacy Act 2009.
(Source: Information Privacy Act 2009).
Public Interest
Disclosure
Has the meaning given to the term in the Public Interest Disclosure Act 2010.
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Term
Definition
Reprisal
(1) A person must not cause, or attempt or conspire to cause, detriment to another
person because, or in the belief that:
(a) the other person or someone else has made, or intends to make, a public
interest disclosure; or
(b) the other person or someone else is, has been, or intends to be, involved in
a proceeding under the Act against any person.
(2) an attempt to cause detriment includes an attempt to induce a person to cause
detriment.
(3) a contravention of subsection (1) is a reprisal or the taking of a reprisal.
(4) a ground mentioned in subsection (1) as the ground for a reprisal is the unlawful
ground for the reprisal.
(5) for the contravention mentioned in subsection (3) to happen, it is sufficient if the
unlawful ground is a substantial ground for the act or omission that is the reprisal, even
if there is another ground for the act or omission.
(Source: Public Interest Disclosure Act 2010).
Vexatious
Victim
References
The requirements set out in this document are based on, and are consistent with, relevant
government legislation, regulations, directives, information standards and/or policies at the time of
publication.
Legislation and regulations
Crime and Corruption Act 2001
Information Privacy Act 2009
Public Interest Disclosure Act 2010
Public Records Act 2002
Public Service Act 2008
Right to Information Act 2009
Victims of Crime Assistance Act 2009
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DSITI documents
Customer complaints management policy
Policy on complaints involving the Director-General
Employee complaints resolution policy and procedure
Fraud and corruption prevention policy, reporting guideline and control plan
Prevention and management of corrupt conduct and public interest disclosures policy
Other resources
Australian and International Standard AS ISO 10002 2006 Customer Satisfaction Guidelines for
complaints handling in organizations
Queensland Ombudsman Guide to developing effective complaints management policies and
procedures
Queensland Ombudsman Effective Complaints management fact sheets
Queensland Ombudsman Effective complaints management self-audit checklist.
Licence
Page 11 of 18
Page 12 of 18
Nature of complaint
Employee
Other
(e.g.
privacy)
Complaints of a similar
nature
Response time
Business improvements
required Y/N
Method by which
complainant notified
Action taken
Outcome/resolution
Other
Service / Product
Skill/
knowledge.
Conduct
Other
Time
Quality
Cost
Level (1,2,3)
Mode of complaint
(email/letter/ telephone etc.)
Service/employee area
location
Date received
Complaint number*
Page 13 of 18
Level 2
Level 3
How complaint
is to be received
Who is to deal
with the
complaint?
Escalation
Timeframes
Definition
Examples of
complaints
Page 14 of 18
Internal Audit
Science
Strategic ICT
Page 15 of 18
Corrupt
conduct
Public interest
disclosure
Privacy breach
Access
application
decision
Yes
Complaints covered
by other
mechanisms
Complaints covered
by other
mechanisms
Contact Legal,
Information
and Integrity
No
Does the complaint
relate to the corrupt
conduct of the
Director-General?
Yes
Contact one of
the nominated
persons
Complaint covered
by other
mechanisms
Yes
Contact
Human
Resources
Complaint covered
by other
mechanisms
Yes
Contact the
local manager
Yes
Contact
Procurement
Services
Complaint covered
by other
mechanisms
Yes
Contact the
relevant
Divisional
complaints
coordinator
Refer to Attachment
4 for full details
No
Does the complaint
relate to an
employee complaint
or appeal?
No
Complaint covered
by other
mechanisms
No
Does the complaint
relate to a
procurement
matter?
No
Does the complaint
relate to the service
or actions of the
department or its
employees?
Page 16 of 18
Issue
Recommendation
Business area/division
responsible for
implementing
recommendation
Timeframe to
implement
Date finalised
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Level 2 complaints
Summary
Number of complaints
outstanding from
previous quarter
Number of new
complaints lodged this
quarter
Number of complaints
finalised this quarter
Total number of
complaints
outstanding at end of
quarter
Service/product (cost)
Service/product (quality)
Service/product (time)
Service/product (other)
Staff (conduct)
Staff (skill/knowledge)
Staff (other)
Other (e.g. privacy)
%
%
%
%
%
%
%
%
%
Number
Percentage
%
%
%
Comments
Page 18 of 18